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The Cyber Security, Data Security And Civil Liberties Implications Of Aadhaar Project And Biometric Collection By UIDAI In India

In India there are many projects that are being implemented without any legal framework and parliamentary oversight. In fact, these projects are clear violation of the constitutional protections and fundamental rights conferred by Indian Constitution.

Surprisingly, these projects have not only survived constitutional scrutiny by our otherwise active and praiseworthy judiciary but they have actually grown in their impact and application.

In all probability Aadhaar project would be declared to be unconstitutional unless it is supported by an already existing constitutionally sound legal framework. As on date, the parliament of India has not passed any law that can authorise the existence and continued functioning of Aadhaar project in India.

At Perry4Law Organisation and Perry4Law’s Techno Legal Base (PTLB) we believe that the Aadhaar project of India must be either suspended or scrapped till it is preceded by a constitutionally sound legal framework. Indian government is committing a big blinder by allowing the Aadhaar project to be continued in an unconstitutional manner.

Neither UIDAI nor Indian government is ready for a project like Aadhaar that has been given such a long life span against all odds. It would be in larger interest of India if the Aadhaar project is put at rest immediately unless we are inviting some catastrophe to happen.